Criminal Law Legislation Update
| Date | 01 April 2012 |
| DOI | 10.1350/jcla.2012.76.2.754 |
| Author | Laura McGowan |
| Published date | 01 April 2012 |
| Subject Matter | Criminal Law Legislation Update |
Criminal Law
Legislation Update*
Laura McGowan†
Primary legislation
The Terrorism Prevention and Investigation Measures Act 2011 came
into force on 15 December 2011. This Act repeals the Prevention of
Terrorism Act 2005, which gave power to impose control orders.
Sections 1–4 of the 2011 Act repeal the 2005 Act and provide that the
Secretary of State may impose measures on individuals by serving a
notice (a ‘TPIM notice’) on them if certain conditions are met. These
include, in particular, a higher threshold for the imposition of a TPIM
notice (reasonable belief that the individual is or has been involved in
terrorism-related activity) than existed in relation to control orders
(reasonable suspicion of involvement in such activity).
Section 5 provides a time limit of two years for a TPIM notice.
Sections 6–9 and Sched. 2 provide that, before imposing measures on
an individual, the Secretary of State must seek the court’s permission to
do so, except in cases of urgency, where the notice must be immediately
referred to the court for confirmation. If the court gives permission, or
confirms measures imposed urgently, it must give directions for a full
review hearing at which the court will review the Secretary of State’s
decisions in relation to imposing the measures. This replicates the posi-
tion in relation to control orders under the 2005 Act.
Section 10 makes provision relating to the duties of the Secretary of
State and the police in relation to the prospects for prosecuting an
individual subject to, or proposed to be made subject to, a TPIM notice
for a terrorism-related offence. The section maintains all the require-
ments contained in the 2005 Act. Section 11 places a statutory duty on
the Secretary of State to keep the necessity of the measures under
review while they remain in force.
Section 12 makes provision—equivalent to that in the 2005 Act in
relation to control orders—for a person subject to the new measures to
apply to the Secretary of State for the revocation of the notice or the
variation of the measures imposed by it. There is further provision for
the Secretary of State to revoke a TPIM notice or to vary the measures
specified in it (including where necessary without the individual’s con-
sent). Section 13 provides a power for the Secretary of State to revive a
TPIM notice where he has previously revoked it or allowed it to expire.
Sections 15 and 16 apply in relation to the quashing of a TPIM notice or
* As at 28 January 2012.
† Barrister, Carmelite Chambers; e-mail: laurajmcgowan@gmail.com.
103The Journal of Criminal Law (2012) 76 JCL 103–104
doi:10.1350/jcla.2012.76.2.754
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